Santos told to follow policy

Tuesday

Oct 16, 2012 at 12:01 AMOct 16, 2012 at 10:58 AM

LATHROP - Council members voted 4-1 Monday night to adopt a resolution "disapproving" of the workplace conduct of Mayor J. Chaka Santos following two independent investigations into his interactions with city employees. Santos was the lone dissenting vote.

Joe Goldeen

LATHROP - Council members voted 4-1 Monday night to adopt a resolution "disapproving" of the workplace conduct of Mayor J. Chaka Santos following two independent investigations into his interactions with city employees. Santos was the lone dissenting vote.

The vote could have an effect on the mayor's actions in the future. It directs Santos to "immediately conduct himself consistently with the city's Equal Employment Opportunity Policies and Procedures and to cease and desist all inconsistent conduct."

The reality is that the city needed to send a message to its risk management insurance carrier that it is committed to keeping City Hall workers safe from all forms of harassment, discrimination and retaliation.

"If there is a lawsuit, anything over $25,000 (deductible) would be covered by insurance," City Attorney Salvador Navarrette told the council before the vote. He referred to the Employee Risk Management Authority, which only covers the city's liabilities if it upholds state and federal laws. If the authority found otherwise, the city would be liable for the full monetary award if the employee prevailed.

In January, the city authorized an independent investigation into allegations made by a female city employee citing inappropriate conduct by Santos. That led to a report finding fault with Santos and a subsequent request for the San Joaquin County grand jury to investigate.

Instead, in lieu of the upcoming election, the grand jury issued a letter stating that "an adequate remedy lies in the electoral process by the voters who may consider an elected official's conduct. Therefore, we are taking no action."

In late June, another incident was reported by another Lathrop city employee alleging that Santos made a "retaliatory comment" to that employee. A second independent inquiry was conducted by an investigator who completed his report Oct. 5.

He reported Santos refused to agree to an interview under his terms, so Santos was not interviewed.

That's when the Employee Risk Management Authority requested that the council adopt its resolution disapproving of the mayor's conduct.

Councilman Omar Ornelas, making a point of speaking for himself, apologized to the city workers - whose identities remain protected - noting, "The reports state that it happened." He then moved to adopt the resolution.

"This is a sad day for the city. It should have never got to this point. When you embarrass the city like you've embarrassed it today, that's why you have 10 people running for City Council, because you are not doing your job. Remember this day. If you would have just let the election process deal with it, it would have been done," said Bennie Gatto, a former mayor.